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Published: Wednesday, November 14, 2012 at 3:39 p.m.

Last Modified: Wednesday, November 14, 2012 at 3:39 p.m.

BARTOW | Edwin Cruz Vargas told detectives he didn't intend to kill his 11-month-old stepson but out of frustration gave him "bear hugs" that might have broken the boy's back or caused fatal injuries Aug. 4.

In addition to murder, Cruz Vargas is charged with aggravated child abuse stemming from the death of his stepson, Josiah L. Figueroa.

Cruz Vargas pleaded not guilty to the charges, court records show. His lawyer, Assistant Public Defender Robert Trogolo, declined to comment for this story.

A trial has not yet been scheduled.

The State Attorney's Office has decided not to seek the death penalty in the case. If convicted as charged, Cruz Vargas faces life in prison.

Investigative reports estimate Josiah was left in Cruz Vargas' care for less than an hour on the afternoon of Aug. 4 before the man called 911 for help.

Cruz Vargas initially told detectives he didn't do anything to harm his stepson and said he thought the child died from choking on some baby formula, reports state.

An autopsy later found Josiah's lower back was broken. There were also visible bruises on the front and top of the boy's head, and his brain was extremely swollen.

Detectives worked to piece together what took place inside the family's mobile home on Oleander Avenue.

The boy's mother, Rebekah Figueroa, had left to attend an Herbalife meeting, and Cruz Vargas stayed home to watch Josiah.

Rebekah Figueroa told investigators her son was a healthy baby who didn't suffer from any ailments or diseases.

When detectives confronted Cruz Vargas with the autopsy's findings, and he described squeezing the child in a fit of frustration. "I didn't measure my power, my strength."

Cruz Vargas told detectives he was feeling sick that day and decided to skip breakfast. When his wife left for the meeting, he stayed behind to take care of Josiah.

He recalled the boy as happy and laughing at first. But during a session of trying to teach the boy to walk, Cruz Vargas said his stepson was tiring and began to whine.

"Josiah was kind of like a little lazy at some points," Cruz Vargas said. "He didn't crawl. He was lazy. He didn't want to. He always wanted to be held."

Cruz Vargas said his frustration with the boy's fussiness grew, and he resorted to "bear hugs," kissing and bouncing the child as a way to soothe him.

He said that after squeezing Josiah he gave the boy a bottle of baby formula. He said the formula came out of the boy's mouth and nostrils, and he called 911.

Cruz Vargas told detectives he pounded on Josiah's back to try and get the formula out, and he suggested damage to the child could have happened then. He said he performed CPR until emergency workers arrived to take over.

Cruz Vargas insisted throughout his recorded statement that he didn't mean to harm the boy and any injuries were unintentional.

"I was, like, overwhelmed," he said.

[ Jason Geary can be reached at jason.geary@theledger.com or 863-802-7536. ]

<p>BARTOW | Edwin Cruz Vargas told detectives he didn't intend to kill his 11-month-old stepson but out of frustration gave him "bear hugs" that might have broken the boy's back or caused fatal injuries Aug. 4.</p><p>Prosecutors recently released new documents in the first-degree murder case against Cruz Vargas, including a recording of his interview with deputies.</p><p>The 26-year-old Auburndale man demonstrated on a baby doll how he bounced and squeezed his stepson when his growing frustration boiled over, the records show.</p><p>"I really didn't mean nothing to happen," Cruz Vargas said. "I really did not."</p><p>In addition to murder, Cruz Vargas is charged with aggravated child abuse stemming from the death of his stepson, Josiah L. Figueroa.</p><p>Cruz Vargas pleaded not guilty to the charges, court records show. His lawyer, Assistant Public Defender Robert Trogolo, declined to comment for this story.</p><p>A trial has not yet been scheduled.</p><p>The State Attorney's Office has decided not to seek the death penalty in the case. If convicted as charged, Cruz Vargas faces life in prison.</p><p>Investigative reports estimate Josiah was left in Cruz Vargas' care for less than an hour on the afternoon of Aug. 4 before the man called 911 for help.</p><p>Cruz Vargas initially told detectives he didn't do anything to harm his stepson and said he thought the child died from choking on some baby formula, reports state.</p><p>An autopsy later found Josiah's lower back was broken. There were also visible bruises on the front and top of the boy's head, and his brain was extremely swollen.</p><p>Detectives worked to piece together what took place inside the family's mobile home on Oleander Avenue.</p><p>The boy's mother, Rebekah Figueroa, had left to attend an Herbalife meeting, and Cruz Vargas stayed home to watch Josiah.</p><p>Rebekah Figueroa told investigators her son was a healthy baby who didn't suffer from any ailments or diseases.</p><p>When detectives confronted Cruz Vargas with the autopsy's findings, and he described squeezing the child in a fit of frustration. "I didn't measure my power, my strength."</p><p>Cruz Vargas told detectives he was feeling sick that day and decided to skip breakfast. When his wife left for the meeting, he stayed behind to take care of Josiah.</p><p>He recalled the boy as happy and laughing at first. But during a session of trying to teach the boy to walk, Cruz Vargas said his stepson was tiring and began to whine.</p><p>"Josiah was kind of like a little lazy at some points," Cruz Vargas said. "He didn't crawl. He was lazy. He didn't want to. He always wanted to be held."</p><p>Cruz Vargas said his frustration with the boy's fussiness grew, and he resorted to "bear hugs," kissing and bouncing the child as a way to soothe him.</p><p>He said that after squeezing Josiah he gave the boy a bottle of baby formula. He said the formula came out of the boy's mouth and nostrils, and he called 911.</p><p>Cruz Vargas told detectives he pounded on Josiah's back to try and get the formula out, and he suggested damage to the child could have happened then. He said he performed CPR until emergency workers arrived to take over.</p><p>Cruz Vargas insisted throughout his recorded statement that he didn't mean to harm the boy and any injuries were unintentional.</p><p>"I was, like, overwhelmed," he said.</p><p> </p><p>[ Jason Geary can be reached at jason.geary@theledger.com or 863-802-7536. ]</p>